U.S. Immigration and Customs Special Victims Unit (ICE SVU), officially known as ICE Homeland Security Investigations (HSI) continues its priority of arresting Americans and facilitating illegal immigration, including that by criminal aliens.
First, ICE SVU announced that its newly minted Operation Predator application for the iPhone [Itunes] had its first arrest, an American citizen who was not accused of a crime involving violations of either customs laws or immigration laws. Interestingly enough, ICE SVU had the assistance of the Michigan State Police. Which begs the question, if there was no real Federal interest, e.g. child pornography which is within the police powers of the several States according to the 10th Amendment to the Constitution, why was the Federal law enforcement agency responsible for immigration and customs law enforcement involved in a matter best left to the States?
Homeland Security Today September 16, 2013 by Anthony Kimery
Less than 36 hours after US Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) announced the availability of its new Operation Predator smartphone app to solicit information from the public about wanted child predators, a Michigan man profiled in the app was arrested.
Meanwhile, however, the Government Accountability Office (GAO), Congress’ investigatory and audit branch, disclosed in an audit report that according to ICE, of the 59,347 aliens under an order of supervision as of September 2012, 2,837 (5 percent) were deportable aliens who’d been convicted of a sex offense” who had been released from detention.
GAO explained in its report, which was redacted because it contains law enforcement sensitive information, that there are circumstances in which criminal aliens who have been ordered deported from the United States — including those convicted of a sex offense — cannot be removed. For example, a criminal alien may not be removed because the designated country will not accept the alien’s return, GAO determined.
In July 2012, the House Committee on the Judiciary released a report that said thousands of illegal and criminal immigrants released by federal authorities as a result of the Obama administration’s lax immigration policies have gone on to commit more crimes, including murder, rape, kidnapping and child molestation.
The report by the nonpartisan Congressional Research Service (CRS) contained an analysis of crosschecked data from the Department of Homeland Security (DHS) that was subpoenaed by the House Judiciary Committee. The Committee subpoenaed the agency following the Obama administration’s announcement to stop deporting certain illegal immigrants flagged by Secure Communities, a law enforcement program that identifies illegal immigrants arrested and booked in local jails.
The data provided to the committee by DHS included 276,412 records of charges against illegal and criminal immigrants identified by Secure Communities between October 27, 2008 and July 31, 2011. There were 159,286 unique individuals in the database and 205,101 unique arrest incidents.
Of those released, CRS found that about 17 percent of illegal and criminal immigrants, or 26,412, were rearrested on criminal charges. These 26,412 recidivists accounted for a total of 42,827 arrests and 57,763 alleged violations.
The categories of crimes charged include nearly 8,500 DUI (14.6 percent), over 6,000 drug violations (10.9 percent), more than 4,000 major criminal offenses (7.1 percent), which included murder, assault, battery, rape and kidnapping, nearly 3,000 theft (4.9 percent), and over 1,000 other violent crimes (2.1 percent), that included carjacking, child cruelty, child molestation, domestic abuse, lynching, stalking and torture.
Now, the press is parroting th blame ICE puts on the Supreme Court, which in Zadvydas v. Davis restricted detention of illegal aliens who ICE refused to deport.
In its 5-4 decision in the case of Zadvydas v. Davis, the Supreme Court ruled that the indefinite detention of deportable illegal aliens for greater than six months is unconstitutional unless there is “significant likelihood of removal in the reasonably foreseeable future.”
“Freedom from imprisonment lies at the heart of the liberty protected by the Due Process Clause,” said Associate Justice Stephen Breyer in the majority opinion. Breyer was joined in this opinion by Justices J.P. Stevens, Sandra Day O'Connor, Ruth Bader Ginsburg and David Souter.
However, the fault lay not with the insipid reasoning of the SCOTUS majority opinion, but in the failure of both the Jorge Bush and Obama Regimes to effect the removal of this class of aliens that certain countries refuse to accept for return.
Both the Bush and Obama Regimes had a option when confronted with intransigence by the country of nationality of deportees. Quite simply, the Regimes could have either on their own executive authority or based on legislation passed by Congress, informed the obstructionist governments that visas, both immigrant and non-immigrant for said country's nationals would not be issued or previously issued visas would be cancelled based on that country's refusal to accept deportees. Neither the Bush Regime or the Obama Regime use that authority. Both were quite content to release illegal alien criminals, who would then go on to prey upon Americans. These illegal alien criminals would cut a wide swath of murder, rapine, mayhem, robbery and abuse with George Bush and Barack Hussein Obama unconcerned about the victims of these crimes.
And for the record, ICE SVU does not have an app to report illegal aliens.